Wednesday, April 25, 2018

Updated International Law Research Guides From GlobaLex

GlobaLex, the electronic collection created by the Hauser Global Law School Program at the New York University School of Law, recently updated some of its research guides:
  • A Legal Analysis of "Space Asset" Under the 2012 Space Protocol to the International Interests in Mobile Equipment: "The ongoing privatization and commercialization of today's space industry creates more financial risks for private sector financiers, and the movable nature of space activities may cause legal uncertainties of the security interests. Given such situation, the 2001 UNIDROIT Convention on International Interests in Mobile Equipment (the "Cape Town Convention") and the 2012 Protocol to the Cape Town Convention on Matters Specific to Space Assets (the "Space Protocol") marked a significant development in harmonizing and unifying the rules of asset-backed finance for mobile space equipment. As a key term in the Space Protocol, the concept of "Space Asset" was for the first time introduced in the Cape Town Convention and defined under the Space Protocol, which may impact contemporary international space law that formed mainly from the UN space law treaties. This article will first explain and analyze the definition of “Space Asset,” then further discuss issues related to this new concept, including the delimitation issue, the relationship between an Aircraft Object and a Space Asset, as well as the differences and similarities between Space Assets under the Space Protocol and a Space Object under the UN space law treaties."
  • "Paper Satellites" and the Free Use of Outer Space: "At roughly 36,000 km above the equator lies a resource highly sought after by all States: the geostationary orbit (“GSO”). Declared a natural limited resource, with the characteristic of holding an object in the same position relative to the surface of Earth over the course of a day, it is not surprising that the available GSO satellite slots are approaching saturation. Yet, not all states have a satellite placed in orbit, due to economic, technologic or political constrictions. This impairment of the states in their capability to participate has triggered a speculative phenomenon with the International Telecommunications Union (“ITU”) known as “over-filing.” Over-filing consists of registering unneeded uses of orbit resources and has the effect of foreclosing others, who have near-term needs, from achieving access and enjoying the free use of this space resource. As a consequence of this practice, some states risk being denied the right to use outer space freely, a right which has been generally recognized in international space legislation. To set the framework, the beginning of this article will bring forth the emergence of the “paper satellite” practice, which will be more clearly reflected in section three in the cases of the Tongasat and the Iranian Zohrer-1 and 2 satellites. The nature of the GSO will be discussed in order to demonstrate the application of the principle of "free use of outer space" to the issue in the fourth chapter. The fifth chapter will deal with an analysis of the compatibility of over-filing practices and the free use of outer space principles. The sixth chapter will look into the most recent measures taken by the ITU to address paper satellites and this article ends with personal concluding remarks."

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posted by Michel-Adrien at 6:57 pm

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